The Law on Protection sets out the following alternatives to detention for asylum seekers:
- An obligation to report;
- Bail options;
- The obligation to stay in a designated place.
SG can use more than one alternative in the case of any foreigner.[1] Alternatives can be applied by the SG which apprehended the asylum seeker concerned or by the court (subsequent to a SG’s decision not to apply alternatives and who have submitted a motion for detention to the court).[2] An asylum seeker can be detained only if the alternatives to detention cannot be applied.[3] In practice asylum seekers are placed in detention, and alternatives to detention are not considered, properly justified and explained.[4] In 2020, 524 foreigners were subject to alternatives to detention.
Over the period 2016- 2020 alternatives to detention were used as follows for foreigners, including asylum seekers and returnees:[5]
| Alternatives to detention in Poland: 2016-2020 | |||||
| Type of alternative | 2016 | 2017 | 2018 | 2019 | 2020 |
| Reporting obligations | 1,208 | 2,094 | 1,327 | 1,603 | 507 |
| Residence in a designated place | 1,333 | 1,818 | 1,058 | 1,522 | 476 |
| Bail | 3 | 4 | 1 | 3 | 1 |
| Surrendering travel documents | 54 | 49 | 29 | 36 | 39 |
| Total | 2,598 | 3,965 | 2,415 | 3,164 | 1,023 |
Source: Border Guard, 14 January 2018; Border Guard, 14 and 25 January 2019, 17 January 2020, 5 February 2021.
[1] Article 88(3) of the Law on Protection.
[2] Articles 88(2) and 88b(2)-(3) Law on Protection.
[3] Article 88a(1) Law on Protection.
[4] Information provided by Legal Intervention Association Rule of Law Institute and Nomada Foundation, Februray 2021,
[5] In practice, a person may be subject to more than one alternative measure.